Legal Opinion

Watts v. Borg Warner Automotive, Inc.

Court of Appeals of North Carolina

Decided June 21, 2005No. COA04-895PublishedCited by 19 opinions

1Opinion of the Court

*2WYNN, Judge.

The Industrial Commission is required to make findings on crucial facts upon which the right to compensation depends. Gaines v. L. D. Swain & Son, Inc., 33 N.C. App. 575, 579, 235 S.E.2d 856, 859 (1977). In this matter, the full Commission made no findings of fact whether, under the circumstances, Plaintiff had a reasonable excuse and the employer was not prejudiced for delay in giving written notice as required by section 97-22 of the North Carolina General Statutes. Additionally, the full Commission failed to make any findings of fact determining causation of the injury.…

2Cases cited14 opinions

  1. Adams v. AVX Corp.Supreme Court of North Carolina · 1998
  2. Young v. Hickory Business FurnitureSupreme Court of North Carolina · 2000
  3. Hansel v. Sherman TextilesSupreme Court of North Carolina · 1981
  4. Deese v. Champion International Corp.Supreme Court of North Carolina · 2000
  5. Morrison v. Burlington IndustriesSupreme Court of North Carolina · 1981

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3Cited by19 opinions

  1. Gregory v. W.A. Brown & SonsSupreme Court of North Carolina · 2010
  2. Strezinski v. City of GreensboroCourt of Appeals of North Carolina · 2007
  3. Richardson v. Maxim Healthcare/Allegis GroupCourt of Appeals of North Carolina · 2008
  4. Silva v. Lowe's Home ImprovementCourt of Appeals of North Carolina · 2006
  5. Munns v. Precision Franchising, Inc.Court of Appeals of North Carolina · 2009

14 more not listed; retrieve them via the Exa API.

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